Prescott police arrested a man Sunday after he shot a round from a revolver into the air inside city limits to scare two javelinas away from his dog, a spokesman said.
Officers booked Charles Jones, 72, of Prescott, into Camp Verde jail on charges of unlawful discharge of a firearm inside city limits.
Shannon's Law, enacted in 2000 by the Arizona Legislature, makes it a felony offense to discharge a firearm randomly into the air, said Lt. Andy Reinhardt, spokesman for the Prescott Police Department.
The law is named after Shannon Smith, a 14-year-old Phoenix girl killed by a stray bullet in her backyard in June 1999 while she talked on the phone with a friend. After Smith's parents learned that random discharge of firearms was only a misdemeanor, they advocated stronger penalties.
"We want to remind citizens that shooting a gun into the air is deadly," Reinhardt said. "The speed of a bullet falling back down to the ground can be deadly."
At 9:40 Sunday, officers responded to Jones' home after he called dispatch to report he shot at javelinas charging at his dog at his home in the 400 block of Mt. Vernon.
When officers arrived, Jones told them his dog seemed agitated and kept running in and out of his home, so he went outside to check on things.
Jones told police two javelinas approached the outside of the chain link fence surrounding his yard and acted aggressively toward his dog inside the fenced yard.
At first, Jones yelled at the javelinas to leave and at his dog to get away from the fence, according to the police report. When that didn't work, Jones told police he fired one round from his .38 caliber Smith & Wesson revolver into the air, scaring the javelinas away.
Jones told police he fired his gun because he feared the javelinas would hurt his dog. Jones then called police to report the incident.
Before taking Jones to jail, the officer helped him find a family member to care for his dog.
Reader Comments
Posted: Friday, February 05, 2010
Article comment by:
Derek
Old Salt makes a lot of sense. The real issue here is arresting an old man who is a local homeowner and no flight risk, and transporting and booking him in jail. Secondarily, this should have been a misdemeanor rather than a felony. Intent and degree of severity should be considered before charging someone with a felony. The law needs to be changed. This case should have been referred to the DA rather than arresting the guy. After being confronted by the police, it is unlikely that he would be any further danger to society.
Posted: Friday, February 05, 2010
Article comment by:
JM
well now after reading all the comments and the Art. i feel that people don't understand that it's not ONLY the cop's or the people they arrest. i will give the cop's 1 point for just doing as there told to do. hey everyone needs a pay check. Now on to the problem. The problem is the people in charge of making the LAWS. They make some laws to protect people i.e. gun control, what happends if say someone broke into my or your home for whatever reason while your are there. you hear the noise you can't call the cops phone is in the other room. So you grab your gun and go to protect your family or home you walk out can see the guy line up a shot Bang u missed the guy and take out the guy across the street in his living room. He calls the cops and can anyone figure out whos all going to jail? sadly they make laws that make them more money. Like the new law that says if you have one of those plate rims for your car and the cops can't read the ARIZONA part of your plate they can fine you. Can anyone say Money Generator? sadly AZ's police forces are not as great as they could be because of the people making and passing the laws. I live in a rental. my landlady tells me a recent story about how a man with a bleeding head wound was running found in a car next store when found jumped up and ran off (not his car) then proceeds to hide on my landlady's property she calls the cop's only to be told that they don't have the man power to send someone out to look into it. So she tells them well whats happends if he trys to come in they tell her she should lock her doors and stay inside. So she replys with well if your not going to send someout and he come back i'll just have to handle it my self. the woman on the phone reply's and just how are you going to do that? Well i have a 38 and i know how to use it. well sadly the cops showed up because of that and told her that she can't use her gun or she could face time. wow what a great Bunch of law's protect the badguys and jail the good ones. It's kinda like the laws that lets you sue someone if you were breaking into there house and got hurt. well thats all i gotta say for now. IN order to fix the problem you have to go rite to the source.
Posted: Friday, February 05, 2010
Article comment by:
Benjamin Franklin
a bullet shot straight up will fall back to earth at terminal velocity which is roughly 165 fps so a 158 grain 38 slug falling at 165 fps works out like this.
158g.x 165^2/450395=9.6 lbs of energy which is hardly lethal a paintball gun produces more energy.. a projectile fired from a gun would have to be maintaining a horizontal trajectory still traveling under its momentum from being fired to be lethal. A bullet falling from the sky won't kill you might hurt bad bruise you or cut you but it won't kill you. unless you are looking straight up with your mouth open and the bullet goes in your mouth and you choke on it then that might kill you. nonetheless Firing a gun in city limits is foolish and should be punished however being a felony is a little extreme. this man if convicted will be a felon and will not be able to own a weapon again. some of you may think thats a good idea but its not.. its a direct violation of our constitutional rights. but too many folks don't care about those....
Posted: Thursday, February 04, 2010
Article comment by:
DB is right...
Shooting your firearm into the air in a populated area is irresponsible and stupid. It also sounds like it was completely unwarranted in this case.
However, hasn't anyone else here seen the episode of "Mythbusters" in which they debunked the theory that falling bullets can kill or seriously injure a person?
The laws of physics simply make it impossible for a bullet fired pretty much vertically to come down with enough force to kill someone.
However, if a gun is fired at an angle steep enough for the bullet to maintain it's trajectory, then it most certainly can retain enough velocity to kill someone, which is probably what happened to Shannon Smith in 1990.
Just wanted people to know that some of us freedom-loving gun owners are not afraid to speak up when a fellow gun owner does something stupid, and to get the facts out there regarding firearms and physics...
Posted: Wednesday, February 03, 2010
Article comment by:
Old Salt
Thank You for trying to explain the law to the locals.By the way my dog was killed by Javelina and a friend was injured and disabled by a wild boar in Eastern Russia.These animals are no joke.However the locals just think that "wild boar" is a name at Fry's deli counter to put on their sandwich.
Posted: Wednesday, February 03, 2010
Article comment by:
Putin
Americans.Their priorities makes the world wonder.
Practice as you preach.
Posted: Wednesday, February 03, 2010
Article comment by:
JRG
The man had no reason to shot the gun. The javelinas were on one side of the fence and his dog was inside at first. He should have kept the dog inside and peeked out the door. I had 5 javelinas on the other side of my chain link fence. I didn't grab my gun to scare them off. I kept my dog inside and I went out with some rocks. I chucked a couple at the fence they didnt like it and took off. No gun needed. My dog was safe the javelinas were gone. Now, if only the skunk would do the same I'd be a very happy person.
Posted: Wednesday, February 03, 2010
Article comment by:
db
..."two javelinas approached the OUTSIDE of the chain link fence SURROUNDING his yard..." - No Threat Existed. ..."shot a round...into the air...", - Violates one of the most basic of firearm safety laws: Know Your Backstop, you are responsible for where the bullet will end up. ..."inside city limits..." Have you looked at a map? This shot was fired in the heart of the city. There are homes, an elementary school, high school, private school, public park, shopping center, and main roads within blocks of where this occurred. This guy is a menace. You people that are defending him had better learn something from this. I am as "pro gun" as it gets. I am also "pro responsibility" (and "anti stupid") for using your firearm in a safe manner. It scares the hell out of me that most of my CCW class had never taken any gun safety classes, never fired a gun before, never taken any marksmanship courses and yet they want to run around armed?
Posted: Wednesday, February 03, 2010
Article comment by:
Old Salt
To "READ IT"...with all due respect, read it...the AZ Rules of Criminal Procedure that is. A summons can be issued if there is no good reason to issue a warrant (which, in this case, there was not a good reason to issue a warrant). Either may be issued upon an indictment. An indictment can be obtained, via Grand Jury, with or without an arrest. Law enforcement officers/agencies always have the ability to rely on discretion, particularly in cases where the suspect/defendant is known to them, is a local resident, has family in the area, is gainfully employed, etc., ad infinitum. Been there, done that. I get the feeling most people writing in are questioning, not the enforcement of the law itself (which would be reflected by holding him responsible through court proceedings, usually in the form of fines, probations, etc., but the physical arrest of a man that did not need to be booked into jail to preserve the peace. There was no ongoing or imminent act of violence or danger to the neighorhood (it had ceased). All the other arguments would normally be made in court, were he to plead not guilty.
Posted: Wednesday, February 03, 2010
Article comment by:
my name is Shannon.......
.....and I would not want an old man put in handcuffs, the police could have handled this much better. So stop getting off track, its not whether or not he fired a gun in the air but how the police abused their power.
Posted: Wednesday, February 03, 2010
Article comment by:
To Friends of Stupid
I happened to have lived down the block from Shannon Smith in Phoenix back in 1990. I know her family etc. If you ever experienced the results of a stray bullet shot into the air up close and personal, you might think differently about this being an innocent act.
Posted: Wednesday, February 03, 2010
Article comment by:
No name provided
If he was so afraid of them hurting him or his dog he should of shot them. Also the comment just below is dead on.
When a person commits a felony, the police can not issue them a summons. The Arizona Revised Statue states that the peace officer must arrest the person.
Lets just ask you all a question, what if he never reported it and we read in the paper that a stray bullet killed a 10 year old kid playing outside, would you feel the same way?
The law is there for a reason, if you feel threatened enough to shoot your pistol then shoot what your afraid of, not straight in the air!!!
Posted: Wednesday, February 03, 2010
Article comment by:
cheryl prescott
U CANT KEEP JAVELIONAS IN A CAGE THEY ARE WILD PIGS THAT ARE PARTLY BLIND THERE LIKE ANYOTHER WILD ANIMAL THEY ROAM THE STREET LIKE BEARS ROAM THE WOODS OR WOLVES INTHE WOOD THERE WILD BUT IF U DONT BUG THEN THEY DONT BUG U
Posted: Wednesday, February 03, 2010
Article comment by:
Preskitt Joe
Funny thing here . . . If it had been a 22 year old, hispanic male doing the exact same thing, with the exact same circumstances, me thinks a lot of the posters here would applaud what the officers did. "Another punk off the streets" who be the rally cry! I, for one am OVERJOYED they hauled "Matlock" to jail. He could've killed somebody, but that doesn't matter here in Preskitt. You can do anything here, as long as your a senile, old white christian male with a gun! Great job PPD!
Posted: Wednesday, February 03, 2010
Article comment by:
READ IT !!-- Then speak !!!
Here's your sign Courier Bloggers == READ THE ARTICLE !! == before you stick foot in mouth !! Because of Shannon's Law, this man committed a FELONY, and at that point the cops have little choice but to take him to jail, if any. The cops did not make the law, but at the same they have to enforce it, regardless if they agree with it or not... I have to ask if you bloggers would feel different if this man, just went over to his neighbors house and shot the neighbor in the leg instead (also a felony), and if you would still defend this idiots action of firing the gun ???... It's now up to the courts, to decide Mr. Jone's punishment.. The cops did the job they were hired for, they enforced the law (forced upon them to administer by YOU the voters who made it a law !), so if you don't like the cops enforcing the law...change the law !!... don't blame them for doing the job you expect them to do !!... It's too bad we don't have a "Tasty Shoe" restaurant in the area, it could be filled to capacity everyday with local bloggers who don't understand the article in the paper they claim to have read, before they speak.
Posted: Wednesday, February 03, 2010
Article comment by:
Be reasonable!
This is outrageous! A citation, court appearance, fine and even some probation would be appropriate. But it is just a JOKE for the 72 year old guy to have been handcuffed and carted off to the jail like some common criminal. A word to the wise: If you are involved in something like this, with no intention to hurt anyone or do anything but protect what's yours, when the cops show up, tell them exactly what you need to in order to avoid such a ridiculous outcome. To all you experts out there, yeah, DUH, of course it's not a safe practice to be firing a gun in to the air. But are you that simple in your thought process as to not understand that a more measured response from law enforcement, in this particular instance, would have been better?
Posted: Wednesday, February 03, 2010
Article comment by:
Hilde
Never report yourself to the donut munchers! They will lock you up in a heartbeat. Should he have shot the Javelina? Is there a Javelina Help hotline? Can he get himself some dough under silent witness program? These are questions that beg answers.
Posted: Wednesday, February 03, 2010
Article comment by:
Physics
Unless you have your gun nozzle pressed directly against the target - all bullets are shot "into the air" before they reach their destination...
Posted: Wednesday, February 03, 2010
Article comment by:
No name provided
Hey people, if we had 'peace officers' instead of 'law enforcement' officers, curb-side justice would prevail. The police are only doing what the legislature requires them to do. Lets see your anger directed towards the legislature for passing Shannon's law, while we already had enough laws in place already. IT IS A DANGER to shoot off a gun into the air. The old man should get nailed for that, likewise, he shouldn't be nailed for protecting himself and his property. He should have used more sense in handling the situation using other means, using his gun as a last resort. Where are his brains at? Just remember, that enough laws are passed, pretty soon no matter what you do, you will be breaking the law. If we had fewer laws and more common sense out in the field, we would see the backlog in the court system reduced, fewer cops, fewer idiots and life would be better over-all
Posted: Wednesday, February 03, 2010
Article comment by:
No name provided
First off I read there was a "Chain link Fence" between the Javelina, Mr. Jones and his dog. I don't see reason for fear, unless the Javelina can eat through metal fences and was doing so at the time Mr. Jones fired the round. Secondly, if you have ever wondered why the crime rate is going up or people going to jail for STUPID things, look at the people here blaming the Police for arresting Mr. Jones (who broke the law and could have killed someone, even you) for discharging his weapon in city limits, it is you who are allowing the crime rate to rise, it is you who are responsible for the thefts, break-ins, drugs and the people who do these crimes to move here. You are telling yourself right now, no I am not. Think of this, you don't think this crime was worth the time and money to arrest Mr. Jones or someone else, so you push to let this type of crime be forgiven. Now everyone else sees it's ok to discharge a firearm in city limits, and then you say well a person with a little pot, heroin, meth, cocaine etc. is a waste of time to arrest because it was such a little amount. Now you have all the drug dealers and users saying, OH its ok to move to Prescott because we have people there who don't think drugs are so bad, so now you have them. Then it's on to the gangs or illegal aliens (if you don't think you have them, you are blind) seeing you don't care about people breaking the law or fight for them to do it so now they move in and start to take over your town, break in to your house, steal your guns (which they will either sell or use in another crime like a murder), your car or assault you or your loved one, then when it gets out of hand and it’s too late to do something, you complain about the police some more cause they didn't do anything to stop it or protect you or your property. You can't have it both ways.
Posted: Wednesday, February 03, 2010
Article comment by:
Maybe....
Message for Old Salt. Because they need the money since they are taking such a big cut. or it could be due to the fact the officer needed to account for his day. Maybe the officer hadnt wrote up a single ticket or arrested anyone and he needed to make sure he did something notable during his shift. LOL
Posted: Wednesday, February 03, 2010
Article comment by:
Greg
Yes, a 72 old man randomly firing in the air in a residential neighborhood, that is EXACTLY what the founding fathers were thinking about when they wrote the bill of rights.
Posted: Wednesday, February 03, 2010
Article comment by:
No longer support the police
This is abuse of the law and could have been handled with a citation. this is another reason why the people no longer trust or support the police. Prescott PD stop arresting old men, stop shooting wild animals, and stop urinating on the homeless. People have very little respect for you and this can and will backfire on you such as when the police need witnesses or when they need help, you will see doors being slammed in your face. The Police need to Stop abusing the law as it makes you nothing more than a criminal bully.
Posted: Wednesday, February 03, 2010
Article comment by:
Disgusted Badger
Oh yeah! Let's cuff and haul off to the Camp Verde impound, a 72-year-old Prescott man who reports himself to the police that he tried to scare away a bunch of Javelinas from his City yard. Javelinas who shouldn't even be allowed to run in the City anyway! . . . The police in this town are pathetic! What has happend to good sense? They could spend their time better trying to eliminate these smelly, destructive pests from our neighborhoods instead of arresting this esteemed Prescott native, PHS graduate whose athletic prowess has been our pride for many years. Disgusting!
Posted: Wednesday, February 03, 2010
Article comment by:
OldSalt
Let's have a public call for common sense...why didn't PPD swear out a complaint for a summons, rather than arresting/booking/transporting to Camp Verde Jail a 72 year old permanent resident of Prescott who was identified by them and known to them ? Why incur all of those extra hours/time/costs involved when he could have been summoned to answer for his alleged crime ? Were they concerned he would flee from justice and fail to appear ? I hardly think that would be reasonable, since he reported his own actions.
